← Library
Bombay High CourtCAS/568/2020ca disposed off

Vitthal Lahanu Khobragade And Another v. Kusum Wd/O Kisan Khobragade And Others

2021-09-01Hon'Ble Shri Justice S.M. Modak2 pages

Order 4 sa 65-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.65/2018 Vitthal Lahanu Khobragade (dead) through LR's. Sau Dhrupada wd/o Vitthal Khobragade and others.

-VERSUSKisan Sudamji Khobragade (dead) through LR's. Kusum wd/o Kisan Khobragade and others. WITH SECOND APPEAL NO.408/2018 Vitthal Lahanu Khobragade (dead) through LR's. Sau Dhrupada wd/o Vitthal Khobragade and others.

-VERSUSKusum wd/o Kisan Khobragade and others. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri T.G. Bansod, Advocate for appellants.

Shri S.W. Ghate, Advocate for respondents.

CORAM : S.M. MODAK , J.

DATE : SEPTEMBER 01, 2021.

CIVIL APPLICATION (CAS) NO.569/2020 Appellant no.1-Vitthal Lahanu Khobragade expired on 22/09/2020. Photocopy of the death certificate is annexed. The application has been filed in time. Request for impleading the legal representatives of appellant Vitthal Khobragade is allowed in Second Appeal No.65/2018 on 21/08/2021.

Hence, the application is allowed. Name of appellant no.1 be deleted and names of legal representatives mentioned in the application be allowed. Necessary amendment be carried out.

The Civil Application is disposed of.

Order 4 sa 65-2018 CIVIL APPLICATION (CAS) NO.568/2020 This Court, as per the order dated 31/01/2020, was pleased to direct the appellants to file private paper book within a period of four weeks. For the reasons stated in the application it could not be filed earlier.

The appellants are granted eight weeks time to file private paper book.

The civil application is disposed of.

SECOND APPEAL NO. 65/2018 & SECOND APPEAL NO.408/2018 Yet the matters are not admitted and decision about framing of substantial question of law is yet not taken. The record of both the suits and all the second appeals be called.

The matter be kept after eight weeks.

JUDGE R.S. Sahare